If you are thinking of opening a zoo in Fife at least two months before making an application for a licence, the applicant must give notice in writing (including by electronic means) to Fife Council of their intention to make the application. The notice must identify:

the zoo's location

the types of animals and approximate number of each group kept for exhibition on the premises and the arrangements for their accommodation, maintenance and wellbeing

the approximate numbers and categories of staff to be employed in the zoo

the approximate number of visitors and motor vehicles for which accommodation is to be provided

the approximate number and position of entrances and exits to be provided to the premises

how required conservation measures will be implemented at the zoo

You must also publish notice of that intention in one local newspaper and one national newspaper and exhibit a copy of that notice at the proposed site. The notice must identify the location of the zoo and state that the application notice to the Council is available to be inspected at the Council offices.

You can apply online using the eservice link below, or you can print out and complete an application form from the publication section below.

Application Evaluation Process

When considering an application we shall take into account any representations made by or on behalf of:

the applicant

the chief constable in the relevant area

the appropriate authority - this is either the enforcing authority or relevant authority in whose area the zoo will be situated

the governing body of any national institution concerned with the operation of zoos

where part of the zoo is not situated in the area of the local authority with power to grant the licence, a planning authority for the relevant area.

any person alleging that the zoo would affect the health or safety of people living in the neighbourhood

anyone stating that the zoo would affect the health or safety of anyone living near it

any other person whose representations might show grounds on which the authority has a power or duty to refuse to grant a licence

Before granting or refusing to grant the licence we will inspect the premises along with the Council’s vet and the state appointed vet. We will provide at least 28 days notice of the inspection. We shall consider any inspectors' reports based on their inspection of the zoo, consult the applicant about any conditions we propose should be attached to the licence.

We will not grant the licence if we feel that the zoo would adversely affect the health or safety of people living in near it, or seriously affect the preservation of law and order or if we are not satisfied that appropriate conservation measures would be satisfactorily implemented.

An application may also be refused if:

we are not satisfied that accommodation, staffing or management standards are suitable for the proper care and wellbeing of the animals or for the proper conduct of the zoo

the applicant, or if the applicant is an incorporated company, the company or any of the company's directors, managers, secretaries or other similar officers, or a keeper in the zoo, has been convicted of any offence involving the ill-treatment of animals

Applications to renew a licence will be considered no later than six months before the expiry of the existing licence, unless a shorter time period is allowed (contact us for further details).

The Secretary of State, after consulting with us, may instruct us to attach one or more conditions to a licence.

We may advise the Secretary of State that, because of the small number of animals kept in the zoo or the small number of the kinds of animal kept there, a direction should be made that that a licence is not required.

Will Tacit Consent Apply?

No, the business cannot operate before the licence is approved. It is in the public interest that we must process your application before it can be granted. If you have not heard from us within a reasonable period, please contact us. You can do this online or use the contact details below.

Failed Application Redress

If your licence is not approved please contact us in the first instance within 21 days of the date of the decision to refuse the application, you may require the Council to give written reasons for its decision.

You may appeal to the Sheriff against the decision within 28 days of the decision, provided you have already followed all available procedures to stating your case to the Council.

Any appeal will only be successful if the Sheriff considers that the Council, in making its decision:

erred in law

based its decision on an incorrect material fact

acted contrary to natural justice

exercised its discretion in an unreasonable manner

You may appeal again on a point of law from the Sheriff's decision to the Court of Session within 28 days from the date of the Sheriff's decision.

Licenceholder Redress

If you are unhappy with the conditions of your licence please contact us in the first instance within 21 days of the date of the decision to refuse the application, you may require the Council to give written reasons for its decision.

You may appeal to the Sheriff against the decision within 28 days of the decision, provided you have already followed all available procedures to stating your case to the Council.

Any appeal will only be successful if the Sheriff considers that the Council, in making its decision:

erred in law

based its decision on an incorrect material fact

acted contrary to natural justice

exercised its discretion in an unreasonable manner

You may appeal again on a point of law from the Sheriff's decision to the Court of Session within 28 days from the date of the Sheriff's decision.

Consumer Complaint

If anyone wishes to complain about a licensed business normally the first contact is made to you, the licenceholder - preferably in the form a letter (with proof of delivery).

If that has not worked, if you are located in the UK, Consumer Direct will give you advice.

See Also

Publications

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